Scope

W.S. 28-8-107(b) authorizes the Legislative Service Office to conduct program evaluations, performance audits, and analyses of policy alternatives.  Generally, the purpose of such research is to provide a base of knowledge from which policymakers can make informed decisions.

In October 2000, the Management Audit Committee directed staff to undertake a review of Childcare Licensing in Wyoming.  The Childcare Licensing Unit is part of the Department of Family Services (DFS).  This report focuses on issues directly related to the regulatory function of the licensing unit, with research centering around the following questions:

·         Does the licensing unit have sufficient and appropriate resources
to carry out its regulatory function?

·         Do staff within the licensing unit maintain reasonable workloads?

·         How does DFS use management information to inform the program’s mission and goals?

·         To what extent is DFS able to ensure that all providers are operating legally? 

·         Once licensed, does DFS ensure that providers continue to comply with minimum regulations? 

·         How consistent are licensers across the state in their implementation of regulations?

·         Are other entities duplicating functions of DFS licensers?

·         What impact do local regulations have on childcare providers?

During our research, we identified other childcare issues needing attention that are outside the licensing unit’s statutory mandate.  While not the primary focus of our study, we found it important to consider the following question:

·         Are there ways to balance availability, affordability and quality of childcare in the state?

We completed the research for this report in May 2001, when DFS was in the final stages of promulgating new rules for childcare regulation.  We refer to the 1990 Minimum Rules for Day Care Licensing as “current rules” and to the rules that DFS was in the final stages of promulgating as “new” or “proposed” rules.  In this report, we do not evaluate the current or proposed rules, or DFS’ process for promulgating rule change. 

Methodology

This evaluation was conducted according to statutory requirements and professional standards and methods for governmental audits.  The research was conducted between November 2000 and May 2001.

In order to compile basic information about the childcare regulation and the enforcement process in Wyoming, we reviewed relevant statutes, current minimum rules, proposed rules, statutory history, annual reports, budget documents, previous studies, and internal agency documents.  We analyzed quarterly reports, hand-written logs, as well as information available through the licensing unit’s database system.  We reviewed professional literature on childcare issues and childcare regulation, including a broad review of how other states regulate childcare. 

We surveyed and conducted interviews with all 15 licensers located throughout the state, and interviewed the unit manager, regional supervisors, and other DFS officials.  Interviews were also conducted with childcare experts from around the state as well as children’s advocacy groups.  We shadowed licensers on several different types of regulatory visits and attended a local provider association meeting.

Utilizing human resource data from DFS, we calculated licenser turnover for the past five years.  Using a methodology developed for the LSO report Turnover in Four Occupations, we calculated the cost per turnover for licensers for the year 2000.  We also mailed 421 surveys to providers chosen at random from around the state, to gauge their views of the licensing function, and received a 54 percent response rate. 

Acknowledgements

The Legislative Service Office expresses appreciation to those who assisted in this research, especially to licensers and staff in the unit and other personnel in the Department of Family Services.  We also thank the many other individuals who contributed their expertise, including Children’s Nutrition Services, Children’s Action Alliance, and early childhood experts from the University of Wyoming.  Finally, we extend appreciation to the childcare providers who contributed to our understanding.